Section 64 in The Patents Act ... 64. Revocation of patents.—(1) Subject to the provisions contained in this Act, a patent, whether granted before or after the commencement of this Act
essential to extract Section 64 hereunder:
“ Section 64 - Revocation of patents—(1) Subject to the provisions
contained in this Act, a patent, whether granted before ... conflict with the mandate
contained in Section 64 , Section 64 of the Patents Act would stand eclipsed, and
the other provision(s), would govern
essential to extract Section 64 hereunder:
" Section 64 - Revocation of patents--(1) Subject to the provisions
contained in this Act, a patent, whether granted ... conflict with the mandate
contained in Section 64 , Section 64 of the Patents Act would stand eclipsed, and
the other provision(s), would govern
Act:
i. Section 64(1)(a) of the Act
ii. Section 64(1)(e) of the Act
iii. Section 64(1)(d) of the Act ... Section 64(1)(f) of the Act
v. Section 64(1)(h) of the Act
vi. Section 64(1)(i) of the Act
vii. Section
revocation petition under Section 64(1) or a post-grant
opposition under Section 27(2) of the Patents Act. While a revocation
petition could ... patent,
under Section 25(2) of the Patents Act, cannot, thereafter, file
either a revocation petition, challenging the same patent, under
Section 64
Patents Act, 1970 :
(i) Section 2 Sub Clause (s) of the Patents Act, 1970 , defines a person which "includes the Government". Section ... under Section 83 of the Trade Marks Act, 1999, shall be the Appellate Board for the purposes of the Patent Act, 1970 . Section
statutory requirements of patentability. The Defendant seeks revocation of
the Suit Patent under various limbs of Section 64 of the Patents Act,
asserting that ... validity attached to the Suit Patent
under Section 13(4) and Section 64(1) of the Patents Act. Thus, these
documents must be analyzed
reading of the Sections 58 and
59 of the Patents Act. Under Section 58(1) 3 of the Patents Act, in revocation
proceedings before ... basis of
a defence taken under Section 107 of the Patents Act. Under Section 114 of
the Patents Act, even when certain claims have been
conflict with the mandate contained in Section 64 , Section 64
of the Patents Act would stand eclipsed, and the other
provision(s) would govern ... validity of the patent assigned to the author of the suit (under
Section 64 of the Patents Act). This is so, because a
"counterclaim
Section 8 of the Act and knowingly
providing false information: Section 64(1)(m) of the
Act provides for revocation as Section ... amend
the application ( Section 15 ).
6.14 Revocation of Patents: The patent can be revoked under
Section 64 of the Act by the Appellate Board